HomeMy WebLinkAboutMinutes - 10/05/1994 - City Council (2) REGULAR MEETING
OCTOBER 5, 1994
The Regular Meeting of the McHenry City Council was called to order
by Mayor Cuda on Wednesday, October 5, 1994 at 7:30 P.M. in the Council
Chambers of the Municipal Center. At roll call the following Aldermen
were present: Bolger, Locke, Bates, Lawson, Baird. Absent: None. City
`- Staff in attendance were: City Clerk Althoff, City Administrator
Peterson, City Attorney McArdle, Director of Public Works Batt, Director
of Parks and Recreation Merkel, Director of Building and Zoning Lobaito.
Absent: Chief of Police Joyce.
TEN MINUTE PUBLIC INPUT SESSION
Dr. Dennis Zidek, spokesperson for the Concerned Citizens Group from
Albert's Martin Woods II subdivision, distributed copies of the three
engineering reports the group had obtained. He then gave a brief
synopsis of each report. Mayor Cuda thanked the group for their timely
efforts and explained that staff would forward the reports to the City's
engineers, Baxter & Woodman, the developer, Mark Albert, and the
developer's engineer, Smith Engineering, Inc. Once reviewed, a follow-up
meeting will be scheduled with all involved parties.
Paul Antens, of 3321 Bull Valley Road, thanked the Council for
annexing the Busch/Knox property, and making the Bull Valley bypass a
reality. He noted then that upon his review of the Bull Valley Road
engineering plan, the first entrance to the bypass was in close proximity
to Green Street. He suggested an alternative solution, and noted that
the owner of the property in question, Mr. Ehredt, had offered to donate
this property to the City of McHenry. Mr. Antens was invited to attend
the October 12, 1994 City Council meeting when Mike Magnuson of the
County Highway Department, will give a presentation on the County's 2010
Transportation Plan as it affects the City of McHenry.
Mr. James Kottke of the Harmony Snowmobile Club addressed the Council
to again request permission for his group to use Petersen Park for a
snowmobile grass drag on November 6, 1994. The issue was scheduled as an
agenda item for the October 12, 1994 Council meeting.
CONSENT AGENDA
Motion by Baird, seconded by Bolger, to approve the Consent Agenda as
follows:
(1) September 14, 1994 Regular City Council Meeting Minutes;
(2) Request for hook-up to Police Alarm Board - New McHenry County
Currency, Inc. , at 4213 W. Elm Street;
(3) Final Payment (#2) to Treasurer, State of Illinois, Department
of Transportation, $24,638.19, for balance of 20% of Green
Street Construction Costs;
(4) Picnic/Beer Permits.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
ZONING ORDINANCE - ROCKFORD WELDING VARIATION
Mr. Gary Bertrand, owner of Rockford Industrial Welding Supply
located at 4003 W. Main Street, informed the Council that he was seeking
a variance in the permitted side yard setback from 10 feet to 2 feet, to
permit the construction of an addition to his business. Mr. Bertrand
noted that the Zoning Board of Appeals had approved his request, subject
to the renovation of the existing buildings front facade during the
construction of his new addition. Alderman Locke, because of the
building's location, questioned the possibility of seeking some parking
relief for Main Street customers. Director of Building and Zoning
Lobaito reported that this possibility had been investigated, however it
was determined that a feasible solution was not possible due to space
constraints.
Motion by Baird, seconded by Bolger, to pass an ordinance granting a
variance to Rockford Industrial Welding Supply Company permitting the
construction of a 1,200 square foot addition, with a minimum two-foot
interior side. yard setback, subject to the renovation of the existing
structure's front facade during the construction of the addition.
October 5, 1994 Page 2
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None. -�
Motion carried.
ZONING ORDINANCE ELM STREET PARTNERSHIP CONDITIONAL USE AND VARIATION
City Administrator Peterson reported that this item had been pulled
from the agenda, as the property owner to the west had not yet been
contacted as per the Zoning Board of Appeals' requirement.
ZONING ORDINANCE PETERSON POOL VARIATION - 7507 DEERWOOD TRAIL
Petitioners William and Julie Peterson of 7507 Deerwood Trail
requested a variance to construct an in-ground swimming pool within the
interior side yard of their home. The Petersons explained they could not
meet the requirement to construct the pool in the required rear yard
area, as their home's septic field had been constructed in the rear
yard.
Motion by Locke, seconded by Baird, to pass an ordinance granting a
variance for the location of an in-ground swimming pool in the interior
side yard at 7507 Deerwood Trail, subject to the McHenry .County Health
Department's approval of the pools location so as not to interfere with
the 100% expansion area of the septic field.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
PACINI P U.D PRESENTATIOft
City Administrator Peterson introduced Allen L. Kracower of Kracower
and Associates, whose services were retained to assist -the City in
connection with the proposed Planned Unit Development of the Pacini
property. Mr. Kracower stated he was becoming familiar with the project,
having viewed the site, however he requested Council input and direction
on all aspects of the project, including aesthetics, quality, and
character of life. He also commented on the City's existing planned
development ordinance, and its lack of a clear submittal process. He
suggested to propose for Council's review a tighter, more definitive
ordinance. A meeting was scheduled with Council and Mr. Kracower for
Monday, October 24, 1994 at 7:30 P.M. in the Council Chambers. City
Administrator Peterson also stated that for Council convenience and
review, all studies and reports associated with the Pacini project will
be available in the Aldermen's Conference Room. Staff summaries and
updates on all studies and reports will be provided to the Aldermen at
regular intervals.
THORNWOOD DRAINAGE DITCH
As previously reported, the Mayor and staff had met with Robert
Bergland, General Manager of the Northwest Property Management
Association, and formulated a resolution for the repair of the
Thornwood/Waters Edge Drive ditch. City Administrator Peterson reviewed
the salient points of the agreement:
1) City of McHenry will pay for Baxter & Woodman to perform an
engineering study and develop specifications for the drainage
system.
2) Northwest Property Management Association will issue requests
for proposals from contractors qualified by the City of McHenry.
3) The City of McHenry will pay 50% of the repairs up to a maximum
of $50,000; Waters Edge I Condominium Association will pay 25%
of the repairs; and Waters Edge II Condomium Association will
pay .25% of the repairs. If the cost of repairs exceeds
$100,000, the respective boards of Waters Edge I and Waters Edge
II will have to review and approve additional expenditures.
4) The Associations will deed the drainage system area to the City
of McHenry, with the understanding that the City will maintain
the drainage system and the respective Associations will
continue to maintain the landscaping.
October 5, 1994 Page 3
Motion by Bolger, seconded by Locke, to approve the letter of
agreement dated 9-23-94 between the City of McHenry and Northwest
Property Management Association regarding the Thornwood Drive drainage
ditch repair and to authorize Baxter & Woodman to perform an engineering
study and develop specifications for the drainage system, in an amount
`- not to exceed $6,000.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
City Administrator Peterson also noted a request by both Waters Edge
Condominium Associations to remove the fencing for aesthetic purposes.
Director of Public Works Batt was instructed to comply with this request.
BID AWARD - SHELTER - SOUTH RIVERFRONT PARR
The Council had authorized staff to seek competitive bids for the
construction of a park shelter at South Riverfront Park. Custom
Landscaping was the low bidder in the amount of $3,725.00.
Motion by Locke, seconded by Bolger, to award the bid for
construction of a shelter at South Riverfront Park to the low bidder,
Custom Landscaping in the amount of $3,725.00.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
BID AWARD - BROOKSIDE PARR ROUGH GRADING
Staff sought competitive bids for the removal of vegetation,
including plowing and rough grading for the development of Brookside
Park, as an active soccer facility. The low bidder was Hughes- Excavating
in the amount of $19,400.00.
Motion by Baird, seconded by Lawson, to award Hughes Excavating, the
low bidder, a contract for vegetation removal at Brookside Park,
including plowing, rough grading, stump and tree removal, in the amount
of $19,400.00.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
ENGINEERING SERVICES AGREEMENT - BRIDGE SCOUR ANALYSIS - GREEN ST.
BRIDGE
The Illinois Department of Transportation is requiring the City to
conduct a scour analysis on the Green Street bridge over Boone Creek.
The scour analysis requires the use of specialized computer software that
most local engineering firms do not own. The County Highway Engineer
directed the Public Works Department to the engineering firm of Rice,
Berry, and Uzman. An engineering services agreement in the amount of
$2,800.00 from Rice, Berry, and Uzman was distributed. Director of
Public Works Batt noted that the scour analysis is part of the City's
obligation to ensure the safety of its roads and bridges. Discussion
followed as to the possibility of seeking a waiver from the State of
Illinois, as conditions at this tributary do not warrant the analysis.
Motion by Bates, seconded by Bolger, to authorize staff to seek a
waiver from the State of Illinois regarding the State's requirement for a
scour analysis on the Green Street bridge.
Voting Aye: Bolger, Bates.
Voting Nay: Baird, Lawson, Locke.
`- Absent: None.
Motion failed.
October 51 1994 Page 4
Motion by Lawson, seconded by Bates, to award the engineering
services contract to Rice, Berry, and Uzman in the amount of $2,800.00
for the Green Street bridge scour analysis, pending staff's determination
of whether a waiver can be sought from the State of Illinois.
Voting Aye: Bates, Lawson, Baird.
Voting Nay: Locke, Bolger.
Absent: None.
Motion carried.
ORDINANCE SALE OF SURPLUS CITY PERSONAL PROPERTY
City Administrator Peterson informed the Council that periodically
staff requests authorization to sell personal surplus property of the
City at auction. Presently, seven vehicles and ten other equipment items
have been denoted as surplus property.
Motion by Bolger, seconded by Baird, to pass an ordinance authorizing
the City Administrator to arrange for the itemized surplus property of
the the City to be sold at auction, and to authorize the issuance and
execution by the City Clerk of the Bills of Sale.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird, Cuda.
Voting Nay: None.
Absent: None.
Motion carried.
ANNUAL LETTER AGREEMENT FOR S OWPLOWING - FEGERS SUBDIVISION AND COUNTRY
CLUB DRIVE OUTSIDE CITY LIMITS
The City of McHenry has provided for some time snowplowing services
to the Fegers Subdivision and a portion of Country Club Drive, which are
not within the City limits. The City has charged for these services with
the last adjustment in fees occuring in 1992. The subdivisions are
currently requesting confirmation of snowplowing services for the 1994-95
season. Discussion followed as to whether the fees charged were adequate
to cover the City's costs. It was suggested by Council that before next
season, private snowplowing contractors be solicited for price quotations
on these two areas for comparison purposes. --
Motion by Bolger, seconded by Locke, to authorize the City Clerk to
send a letter agreement to the Fegers Subdivision and Country Club Drive
subdivision representatives for snowplowing services, as requested, in
the amount of $800 and $700, respectively, with the additional statement
that if an excess amount of time is required, supplemental fees will be
charged.
Voting Aye: Bolger, Locke, Lawson.
Voting Nay: Baird, Bates.
Absent: None.
Motion carried.
MAYOR - STATEMENT AND REPORTS
Mayor Cuda noted that early in September he had submitted his
Committee/Commission appointments to the Council for consideration.
Final approval was being sought with one correction: Robert Hetterman,
whose application had been provided, was replacing John Madl on the
Police Pension Board. Discussion followed as to the term lengths of
various commissions. It was determined to table approval until the
October 121 1994 Council meeting.
Cuda reported that he had received a request from the Department of
the Army to declare October "Stay in School Month".
Motion by Locke, seconded by Bolger, to authorize the Mayor to sign
the Department of the Army "Stay in School" proclamation declaring
October "Stay in School Month".
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Cuda reported that the closing on the Edna Mae Johnson property had
occurred on September 29, 1994. Staff had also suggested that the City
soon petition to annex and re-zone the property, as a portion may be used
for the expansion of the South Wastewater Treatment Plant. This action
be an agenda item in the near future.
October 5, 1994 Page 5
It was also suggested that signs be posted on this property to make
clear the City's intended use of the property. Director of Public Works
Batt also suggested that on all City property, flexible fiberglass
reflectors and signs be posted on or very near property lines to denote
ownership, as many people have planted gardens or extended their yards
onto City property.
COMMITTEE REPORTS
Chairman of the Parks and Recreation Committee, Alderman Bates,
reported that a Parks and Recreation Committee meeting is scheduled for
October 17, 1994 at 7:30 P.M.
Chairman of the Finance Committee, Alderman Locke, reported that a
Finance Committee meeting is scheduled for October 19, 1994 at 6:30 P.M.
to begin addressing the 1994-95 budget.
DEPARTMENT HEAD REPORTS
Director of Building and Zoning Lobaito reported that the Jaycees had
requested the waiving of fees for signs and use of the Knox Barn for
their haunted house.
Motion by Locke, seconded by Baird, to waive all fees as they relate
to the Jaycees Haunted House event, as requested.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Director of Public Works Batt reported that the interviewing process
for the Street Superintendent and Engineering Inspector have been
completed. Announcements will be forthcoming.
Director of Parks and Recreation Merkel reported that on Saturday,
October 8, 1994 at the Whispering Oaks Park, the Eagle Scouts will be
conducting a tree planting; Marilyn Hamilton will be organizing a
clean-up in the wooded area as part of the Learning Garden project. He
also noted that all of the Aldermen and Mayor had received an invitation
to the Jaycees dedication ceremony at Jaycees Park on October 8, 1994 at
1:00 P.M. A copy of the Parks Winter/Spring brochure was also
distributed for Council review. Any additions or corrections should be
forwarded to Merkel by October 17, 1994.
City Administrator Peterson reported that the Motorola closing had
taken place on Friday, September 30, 1994. The McHenry Corporate Center
has asked the City to apply for a DCCA grant to extend water and sewer
lines at that location.
Motion by Locke, seconded by Bolger, to pass a resolution to secure a
DCCA grant to extend water/sewer lines at the location of the new
Motorola plant in McHenry Corporate Center, and to authorize the Mayor
and City Clerk to execute any and all documents necessary to secure the
grant.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
City Attorney McArdle informed the Council of a Freedom of
Information request from Karen Burns pertaining to the annexation of the
Fox River.
Attorney McArdle then made the Council aware that according to the
Illinois Board of Elections Handbook received by the City Clerk's office,
a City Clerk appointed to fill a vacancy created by retirement or
resignation may hold that office until the expiration of the retiring
clerks term. The City Attorney asked for an opinion from the Illinois
State Board of Elections, as well as the Illinois Municipal League and
Ancel, Glink, Diamond, Cope & Bush. All three legal bodies concurred
that the City Clerk's position would be effective until April 30, 1997.
Attorney McArdle will seek County Clerk, Kathy Schultz's opinion and
report back to Council.
October 5, 1994 Page 6
NEW BUSINESS
Alderman Locke invited all Second Ward residents to contact the City -�
Clerk's office if they are interested in joining a neighborhood watch
program.
Alderman Bolger addressed the East Campus parking problem. It was
determined that this issue will be discussed at the October 12, 1994
Council meeting, when Chief Joyce will be present to report on studies
conducted.
Alderman Bolger also reported that a local property owner had a
potential business user for his property, but because of the recently
amended zoning uses for the property, this type of business was
excluded. The potential user wanted to establish a dry-cleaning drop-off
site, with no on-site processing, and a bakery, again with no on-site
baking. City Administrator Peterson was directed to provide the agenda
supplements and minutes associated with the amended zoning uses, as well
as all work papers.
Alderman Bates requested a status report on the health care
coverage. City Administrator Peterson reported that at this time it
appears to be very successful.
Alderman Bates also noted, that a meeting with the Lakeland Park
residents has been scheduled for October 11, 1994 at 7:30 P.M. in the
classroom of the Municipal Center.
Alderman Bates also requested a meeting between the Riverside Drive
Merchants Association, Director of Public Works Batt, and himself to work
out details for the Riverside Drive Riverwalk and Christmas Parade.
EXECUTIVE SESSION
Motion by Locke, seconded by Lawson, to go into Executive 'Session at
10:10 P.M. to discuss possible litigation.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Motion by Bolger, seconded by Locke, to go back into Open Session at
11:08 P.M.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
ADJOURNMENT
Motion by Bates, seconded by Lawson, to adjourn.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
The meeting adjourned at 11:09 P.M.
z
TY CLERK, MAYOR